Ruling delayed on concrete bill

A debt is owed. But Haynes Construction Inc. of Adrian is disputing unpaid bills for nearly $225,000 for concrete delivered to building sites in 2011 and 2012.

Attorneys for the Adrian company and concrete supplier Doan Construction agreed at a hearing Monday in Lenawee County Circuit Court that there is a debt to be settled.

An affidavit from Doan Construction president Matt Doan set the figure at $224,955.56. The claim is disputed in an affidavit from Haynes Construction. But it fails to present a detailed account and debt total, said Doan attorney Roy Sgroi of Livonia.

“The counter-affidavit tries to dodge that bullet,” Sgroi told the court. He asked Judge Timothy P. Pickard for a summary ruling to accept his client’s claim.

The Haynes Construction affidavit raises a legitimate defense against a summary ruling even if it does not offer its own debt total, said Haynes’ attorney Martin Leavitt of Northville.

The deadline for research in the case has not yet passed, Leavitt said. At the close of discovery, he said, an affidavit will be filed stating the defense position on what is owed.

Judge Timothy P. Pickard granted Doan’s motion to find liability. He put off a ruling on the amount of debt until research is completed.

Pickard also put off a decision on a motion to dismiss Doan’s claim that Haynes Construction violated the state’s Building Contract Fund Act by not paying suppliers with money put in trust for construction projects.

Leavitt argued the claim should be dismissed because Doan did not identify specific projects that had funds held in trust. A contract with Haynes Construction was for Doan to supply concrete on an open account rather than for specific projects.

Sgroi argued the open account does identify each project Doan delivered concrete to between October 2011 and April 2012.

He said Doan was told Haynes had been paid by customers for the work, creating a trust obligation.

Both sides will be allowed to amend their pleadings, Pickard said, after discovery is completed.